Cengage Advantage Books: Fundamentals of Business Law 9th Edition by Roger LeRoy Miller

Exercise 6

Holder in Due Course. American International Group, Inc. (AIG), an insurance company, issued a check to Jermielem Merriwether in connection with a personal-injury matter. Merriwether presented the check to A-1 Check Cashing Emporium (A-1) for payment. A-1's clerk forgot to have Merriwether sign the check. When he could not reach Merriwether and ask him to come back to A-1 to sign the check, the clerk printed Merriwether's name on the back and deposited it for collection. When the check was not paid, A-1 sold it to Robert Triffin, who is in the business of buying dishonored checks. When Triffin could not get the check honored, he sued AIG, contending that he, through A-1, had the right to collect on the check as a holder in due course (HDC). The trial court rejected that claim. Triffin appealed. On what basis could he claim HDC status? [ Triffin v. American International Group, Inc., A.2d (N.J.Super. 2008)]